H1B Can Work from Home, new LCA, Amendment Required

H1B Work from home with address in LCA. Different state/city allowed. File H1B amendment if home in different MSA. Post LCA at home or employer's headquarters.

Written by AM22Tech Team
  AM22Tech Team    Updated 5 Sep, 21


Update Mar 25, 2020 – How can H1B post LCA for work from home in Coronavirus office Closure.

DOL has relaxed the legal requirements and has allowed posting LCA within 30 days of starting work at home.

Can H1B work from home?

An H1B visa holder can work from home in USA. The H1B employer’s head office can be in any US state.

Home Address As Work Location in LCA 

You can work from home if your H1B petition has your home address listed as the ‘work location’ permanently.

If your current approved H1B does not list your home address, then you need to file an H1B Amendment to get USCIS permission to work from home.

You can telecommute occasionally if the home address in not mentioned in H1B application but your home falls in same MSA (Metropolitan Statistical Area) as your office.

H1B Multiple Work Locations

You can have multiple work location’s listed in your H1B application. People who have traveling job do have multiple offices listed in their application.

Work Remotely from Different State

You can work remotely from home even if it is located in a different state than the H1B employer’s office.
This holds true even if the employer’s head-office is in another city/state with different metropolitan statistical area (called MSA).

Please note that if MSA changes, the H1B amendment is necessary to list your home address as one of your work location.

The distance in state does NOT matter. Your office could be in New York and your home (work location) could be in California. Whatever work location is mentioned in the H1B application holds good.

Is H1B Amendment Required for work from home?

If your work location (i.e. your home) is in a separate MSA than your office, then you will also need to file H1B amendment.
This applies if your current H1B petition does not already list your home address as work location and you want to start working from home.

Some people try to do it with H1B transfer application too. This is also fine as a H1B transfer is nothing but a new H1B application. Whatever work location you specify holds validity for the application’s validity period.

Where to post LCA if working from home on H1B?

Some H1B employers post it at their head office irrespective of the actual home address (work location) of the employee. This is acceptable and a recommended practice.
This is true even if the worker’s home is located in a different state/city all-together.

If not posted at employers headquarters, the LCA should be posted on the main door of the employee’s home i.e. the work location.

The primary location can your shown as your Home address.
The house office can also be the ONLY work location.
You can have multiple work location in your H1B application including both home and office addresses.

USCIS home office visit for work location verification?

Yes, It is possible that USCIS visit the employee’s work location i.e. the home address listed in H1B application for work verification, as they normally do surprise visits in office.
You should be careful when filing H1B amendment to make sure correct home address is listed.

Working from Home Prevailing Wage

It is possible that the ‘prevailing wage‘ in your home location is either more or less than your office’s location.

Your employer would need to pay you according to the work location i.e. your home location’s Prevailing wage requirements.

They may have to raise your salary if the prevailing wage in your home location is more than your current salary to maintain H1B visa employment rules.

H1B Telecommute in EVC Model or Third Party Consulting

Well, legally you can do it but the chances of H1B approval with home address are really low. Your end client will have to provide lot of paperwork supporting your home office location.

If you are working as a full time employee (FTE) for end client, things are a bit easy as the justification for work from home is easy, with no consulting company involved.

H1B visa stamping for work from Home

Complete list of H1B visa stamping documents checklist is given here.

  1. You should carry all original H1B amendment/transfer application i797 forms.
  2. Work location in DS-160 form should be your HOME address.
  3. Visa officer’s (VO) question for work location should be answered with YOUR HOME ADDRESS/CITY and NOT your employer’s address.
    This address should MATCH the one listed on LCA and H1B application.



Author

Written by AM22Tech Team
  AM22Tech Team     



Recent discussion on forum

  1. asrm_arfg
    asrm_arfg

    @Anil.Gupta In your article titled - h1b can work from home (H1B Can Work from Home, new LCA, Amendment Required - USA), you informed that h1b can have their home address amended and work from home. But in later part you are saying that chances of approval for h1b telecommuters is less , especially in EC or EVC model. May be i am reading something wrong but is h1b telecommuting different from h1b work from home? what am i missing here - thanks for all you do.


  2. anil_am22
    anil_am22

    I simply mean to say that you will find it hard for an EVC model, which in itself is hard to get an H1B approval.


  3. asrm_arfg
    asrm_arfg

    Two questions
    Is it easier for EC model than EVC model
    is chance of approval for EC same as C model (client is employer)


  4. dinesh9
    dinesh9

    Hello,

    My H1B got approved this year. In the LCA, my Client Address (Boston) and my current home address (Dallas) both are mentioned. So starting from Oct 1, Is it okay if i run the pay roll on Dallas location or Do i have to run based on the client location (Boston) though i am staying in Dallas. Could you please clarify. ? Thanks!


  5. Tammali_Manoj
    Tammali_Manoj

    Hi @anil_am22

    Thanks for your post about working from home in coronavirus, a few more follow up questions

    • If it’s within 30 days, can we work remote outside MSA(different state) without filing h1b amendment
    • Does the new wage rules policy apply to the h1b amendment?
    • Is h1b amendment is a simpler one or is it like h1 transfer which has multiple criteria to reach. In other words, when would h1b amendments get rejected. Does that jeopardize existing h1b status.

    Thanks a lot in advance
    Regards,
    Manoj


  6. anil_am22
    anil_am22

    Hi @Tammali_Manoj

    The 30 day rule is only a relaxation in filing the LCA.

    You cannot work outside of your MSA (or change of state) without filing H1B amendment.

    H1B New wage policy is applicable on H1B amendment.


  7. Tammali_Manoj
    Tammali_Manoj

    Thanks @anil_am22,

    If it does get published by 8 Oct, then the new rule will be applicable starting 7 Dec 2020 .
    New LCAs filed on or after Oct 8 will need a new salary

    Small confusion from above two statements. Can h1b amendments get affected after Oct8 or after Dec7, 2020?

    What happens if lawsuit wins for stay Order on new wage rule. Does h1b amendments get affected? can wait for the lawsuit decision before making any h1b amendments in that case.

    Also, can we have two work locations as part of h1b amendments?

    Thanks again, appreciate it


  8. anil_am22
    anil_am22

    Hi @Tammali_Manoj

    There are two separate things involved in H1B amendment:

    1. H1B LCA - new wage rules are effective Oct 8. A lawsuit is currently active but have not received any stay order as of today.
    2. H1B specialty occupation - effective Dec 7. Lawsuits are expected but will probably be filed sometime after the start date.


  9. Tammali_Manoj
    Tammali_Manoj

    Thanks @anil_am22 appreciate your detailed response


  10. Tammali_Manoj
    Tammali_Manoj

    Where can we find the latest on Wage rules lawsuit? Also, for speciality occupation, any link references? Thanks @anil_am22


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